MFA Spokesman's Comments on the UN's decision to demote Andrew Toh from Assistant Secretary-General to Director and to fine Him two months' salary

Referring to the UN's decision to demote Andrew Toh from Assistant Secretary-General to Director and to fine him two months' salary, the MFA Spokesman said:

"We are very saddened by the UN's decision in the Andrew Toh case. In more than 21 months of investigations, the UN was unable to find any evidence to substantiate spurious allegations of corruption or fraud against Mr Toh. The Joint Disciplinary Committee (JDC) has exonerated him of even the lesser charge of misleading the UN on the lease of two Peruvian helicopters. Separately, the Panel on Discrimination and Other Grievances (PDOG) ruled that he had been subject to harassment, discrimination, and intimidation and that he should receive an apology, reinstatement, and restitution. Both Tribunals also concluded that Mr Toh had been denied due process and that his human rights had been violated.

The JDC did conclude that Mr Toh failed to properly declare his financial assets in 2004 and 2005 and that he had refused to comply fully with the Secretary-General's directive to disclose all his financial information to the Procurement Task Force (PTF). Although the JDC recognised that Mr Toh was reacting against harassment, discrimination and intimidation by the PTF, it recommended a supervisory reprimand for the non-disclosure of financial information and a sanction which "would not go beyond censure" for failure to cooperate fully with the PTF. However, for unknown reasons, the recommendations from the UN's own Tribunals have been rejected. Instead, administrative infractions have been played up into issues of misconduct, on the basis of discretionary authority. This has failed to take into account the lack of due process, the mitigating factors cited in the JDC report, and the entire PDOG report. Mr Toh is like a pedestrian deliberately hit by a speeding car as he crosses the street, only to be cited for jaywalking as he lies injured, while the culprit goes unpunished. Mr Toh has requested the UN to lift immunity on his accuser so that he can take legal action against him but so far without success.

This decision by the Secretary General is mystifying. The resources spent investigating Mr Toh uncovered no evidence of fraud or corruption. Instead, the UN has decided to mete out harsh punishment against Mr Toh based on less substantive issues that were not even the subject of the original investigation. The decision is unjust and unfair."

MINISTRY OF FOREIGN AFFAIRS
SINGAPORE
19 OCTOBER 2007